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Case TitleAmerican Civil Liberties Union Foundation v. Department of Justice et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv09284
Date Filed2020-12-22
Date ClosedOpen
JudgeJudge Charles R. Breyer
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU Foundation submitted a FOIA request to the Department of Justice for records concerning the Electronic Device Analysis Unit. The ACLU Foundation also requested a fee waiver. The Office of the Attorney General acknowledged receipt of the request and told the ACLU Foundation that its request qualified for unusual circumstances. The Office of the Inspector General did not acknowledge receipt of the request. The FBI acknowledged receipt of the request and told the ACLU Foundation that it was invoking a Glomar response based on Exemption 7(E) (investigative methods or techniques for one portion of its request and that the agency could find no records for other portions. The ACLU Foundation filed an administrative appeal of the FBI's denial. The Office of Information Policy upheld the FBI's denial. The ACLU Foundation then filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantDepartment of Justice
DefendantDepartment of Justice
TERMINATED: 06/17/2021
DefendantU. S. Department of Justice
TERMINATED: 06/17/2021
DefendantFederal Bureau of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-221COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15354581.). Filed byAmerican Civil Liberties Union Foundation. (Attachments: # 1 Exhibit FOIA request, # 2 Exhibit United States v. Conerly Order, # 3 Civil Cover Sheet)(Granick, Jennifer) (Filed on 12/22/2020) (Entered: 12/22/2020)
2020-12-222Certificate of Interested Entities by American Civil Liberties Union Foundation (Granick, Jennifer) (Filed on 12/22/2020) (Entered: 12/22/2020)
2020-12-223Proposed Summons. (Granick, Jennifer) (Filed on 12/22/2020) (Entered: 12/22/2020)
2020-12-224NOTICE of Appearance by Jennifer Stisa Granick (Granick, Jennifer) (Filed on 12/22/2020) (Entered: 12/22/2020)
2020-12-225MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15355039.) filed by American Civil Liberties Union Foundation. (Demas, Arianna) (Filed on 12/22/2020) (Entered: 12/22/2020)
2020-12-226Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/5/2021. (bwS, COURT STAFF) (Filed on 12/22/2020) (Entered: 12/22/2020)
2020-12-227Summons Issued as to Department of Justice and Federal Bureau of Investigation. (elyS, COURT STAFF) (Filed on 12/22/2020) (Entered: 12/22/2020)
2020-12-228Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/18/2021. Initial Case Management Conference set for 3/25/2021 01:30 PM in San Francisco, Courtroom E, 15th Floor. (elyS, COURT STAFF) (Filed on 12/22/2020) (Entered: 12/22/2020)
2020-12-309CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Union Foundation.. (Granick, Jennifer) (Filed on 12/30/2020) (Entered: 12/30/2020)
2020-12-3010CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 12/30/2020) (Entered: 12/30/2020)
2020-12-3111ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 12/31/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 12/31/2020) (Entered: 12/31/2020)
2021-01-0412SUMMONS Returned Executed (FOIA) by American Civil Liberties Union Foundation. Department of Justice served on 1/4/2020, answer due 2/3/2020. (Granick, Jennifer) (Filed on 1/4/2021) (Entered: 01/04/2021)
2021-01-0413SUMMONS Returned Executed (FOIA) by American Civil Liberties Union Foundation. Federal Bureau of Investigation served on 1/4/2020, answer due 2/3/2020. (Granick, Jennifer) (Filed on 1/4/2021) (Entered: 01/04/2021)
2021-01-0514ORDER by Judge Charles R. Breyer: Granting 5 Motion for Pro Hac Vice, Arianna Marie Demas. (lsS, COURT STAFF) (Filed on 1/5/2021) (Entered: 01/05/2021)
2021-01-0515NOTICE of Appearance by Jacob Adam Snow (Snow, Jacob) (Filed on 1/5/2021) (Entered: 01/05/2021)
2021-01-0516NOTICE of Appearance by Arianna Marie Demas (Demas, Arianna) (Filed on 1/5/2021) (Entered: 01/05/2021)
2021-01-2817ANSWER to Complaint byDepartment of Justice, Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 1/28/2021) (Entered: 01/28/2021)
2021-02-2418CLERK'S NOTICE: A Joint Case Management Statement due by 5/21/2021. Initial Case Management Conference set for 6/4/2021 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 2/24/2021) (Entered: 02/24/2021)
2021-05-1419ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Demas, Arianna) (Filed on 5/14/2021) (Entered: 05/14/2021)
2021-05-1420ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bernardoni, Jevechius) (Filed on 5/14/2021) (Entered: 05/14/2021)
2021-05-2021STIPULATION WITH PROPOSED ORDER filed by Department of Justice, Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 5/20/2021) (Entered: 05/20/2021)
2021-05-2122STIPULTION AND ORDER by Judge Charles R. Breyer: Granting 21 Stipulation. A Joint Case Management Statement due by 6/18/2021. Initial Case Management Conference set for 7/9/2021 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (lsS, COURT STAFF) (Filed on 5/21/2021) (Entered: 05/21/2021)
2021-06-1623STIPULATION & [PROPOSED] ORDER REGARDING DISMISSAL OF DEFENDANT DEPARTMENT OF JUSTICE INSOFAR AS IT STANDS IN FOR THE OFFICES OF THE INSPECTOR GENERAL AND INFORMATION POLICY filed by American Civil Liberties Union Foundation. (Demas, Arianna) (Filed on 6/16/2021) (Entered: 06/16/2021)
2021-06-1724STIPULATION AND ORDER REGARDING DISMISSAL OF DEFENDANT DEPARTMENT OF JUSTICE INSOFAR AS IT STANDS IN FOR THE OFFICES OF THE INSPECTOR GENERAL AND INFORMATION POLICY by Judge Charles R. Breyer: Granting 23 Stipulation. (lsS, COURT STAFF) (Filed on 6/17/2021) (Entered: 06/17/2021)
2021-06-1825CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union Foundation. (Demas, Arianna) (Filed on 6/18/2021) (Entered: 06/18/2021)
2021-06-2426CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for July 9, 2021 is vacated. A Joint Case Management Statement due by 11/5/2021. Signed by Judge Charles R. Breyer on 6/24/2021. (lsS, COURT STAFF) (Filed on 6/24/2021) (Entered: 06/24/2021)
2021-08-1327NOTICE of Change In Counsel by Arianna Marie Demas (Demas, Arianna) (Filed on 8/13/2021) (Entered: 08/13/2021)
2021-08-3128STIPULATION WITH PROPOSED ORDER re 26 Case Management Scheduling Order filed by Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 8/31/2021) (Entered: 08/31/2021)
2021-09-0129STIPULATION AND ORDER REGARDING AUGUST RELEASE by Judge Charles R. Breyer: Granting 28 Stipulation. (lsS, COURT STAFF) (Filed on 9/1/2021) (Entered: 09/01/2021)
2021-11-0230JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union Foundation. (Granick, Jennifer) (Filed on 11/2/2021) (Entered: 11/02/2021)
2021-11-0331CLERK'S NOTICE: A Joint Case Management Statement due by 2/25/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 11/3/2021) (Entered: 11/03/2021)
2022-02-2432JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union Foundation. (Snow, Jacob) (Filed on 2/24/2022) (Entered: 02/24/2022)
2022-04-2533NOTICE of Change of Address by Jevechius Doherty Bernardoni (Bernardoni, Jevechius) (Filed on 4/25/2022) (Entered: 04/25/2022)
2022-06-0234CLERK'S NOTICE: Status Report due by 9/16/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 6/2/2022) (Entered: 06/02/2022)
2022-09-1635STATUS REPORT AND FURTHER JOINT CASE MANAGEMENT STATEMENT by American Civil Liberties Union Foundation. (Granick, Jennifer) (Filed on 9/16/2022) (Entered: 09/16/2022)
2022-09-2036CLERK'S NOTICE: A Joint Status Report due by 5/10/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 9/20/2022) (Entered: 09/20/2022)
2024-05-1037CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union Foundation. (Granick, Jennifer) (Filed on 5/10/2024) (Entered: 05/10/2024)
2024-05-1338CLERK'S NOTICE: A Joint Status Report due by 5/31/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 5/13/2024) (Entered: 05/13/2024)
2024-05-3139JOINT CASE MANAGEMENT STATEMENT Status Report and Joint Case Management Statement filed by American Civil Liberties Union Foundation. (Granick, Jennifer) (Filed on 5/31/2024) (Entered: 05/31/2024)
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